Protected account - even the bailiff cannot put his hands on the unattainable minimum...

With effect from 1 July 2021, the Code of Civil Procedures introduced the institution of the so-called "protected account".

In the case of an account being attached, the debtor may request the bank where he/she has a current account that is the subject matter of the distress to establish a protected account for him/her. As the name implies, this is an account designed to preserve the debtor's unattainable minimum funds that remain to provide the debtor with the basic necessities of life. The bank is not entitled to charge the debtor any fees or charges other than those associated with a current account’s administration.

The debtor can only have one protected account. The bank will transfer to this account the amount equal to three times the subsistence minimum (= non-seizable minimum) from the attached account. The debtor will thus not have to claim the release of the unattainable amount by filing an application with a bailiff or court.